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Find Area Code (FAC), Version 1.60
Copyright 1990-91 by Michael K. Molloy
All Rights Reserved
Developed and Marketed as Shareware
by
Michael K. Molloy
Mountain Data Systems
8531 East Dry Creek Place
Englewood, CO 80112
CompuServe: 72737,3237
S I T E L I C E N S E I N F O R M A T I O N
-------------------------------------------------
What is a site license? A site license is an inexpensive way for more
than one person to legally use one copy of a program on more than one
computer at a time. Site licenses are designed for companies, offices
or workgroups where more than one person in the organization needs to
use a product, but does not need additional manuals or disks. Site
licensing enables companies, departments, government agencies, etc., to
equip their personnel with the tools they need at a minimal cost.
Here's the gist of how it works: The company purchasing a site license
(the licensee) provides a single point of contact for shipping,
technical support, upgrades, etc., and we (the licenser) provide a
"golden master" of the diskettes, manual, and any other parts of the
package.
The following chart gives a breakdown of the cost of site licensing and
how much you save per site licensed. For instance, if you purchased a
site license for 6 users (copies) your cost would be $80.76, which
saves you $26.94 of the cost of 11 separate purchases. The more copies
you license, the more you save.
Discount Price Per Savings
Quantity Percentage Unit Per Unit
-------- ---------- --------- --------
5 - 25 25% $13.46 $4.49
26 - 50 40% $10.77 $7.18
51 - 100 50% $8.98 $8.97
101+ Please contact Michael K. Molloy.
These days the world seems to be run by attorneys, so of course they
want to get involved in everything. The following legalese document is
the complete license agreement. Simply print it, fill it out, sign
under LICENSEE, enclose a check or money order for the correct amount,
and mail it to:
Michael K. Molloy
Mountain Data Systems
8531 E. Dry Creek Place
Englewood, CO 80112 CompuServe: 72737,3237
U.S.A.
Upon receipt of the completed, signed form, and a check or money order
for the correct amount, I will send you the required "golden masters"
and a copy of the license agreement with an authorized signature under
LICENSER.
If you have any questions, or if you need site license information
for more than 101 sites, please contact me. Thank you!
NOTE: This software is also marketed as Shareware, but this
license has no relation to the Shareware version.
All of the following pages are part of the actual site license
agreement:
Find Area Code (FAC) Version 1.60
END USER SITE LICENSE AGREEMENT
-------------------------------
Michael K. Molloy (Licenser) grants to ____________________________
_______________________________________________________(Licensee),
and Licensee accepts, a license to use the licensed program in
accordance with the terms and conditions contained in this agreement.
1.0 DEFINITIONS
1.1 "Licensed program" means the object code version of the program
listed in Exhibit 1 and related program user documentation. No rights
to the source code versions of the licensed program are granted by this
license.
1.2 "Object code" means any instruction or set of instructions in
machine executable form.
1.3 "User documentation" means any standard manuals or other
related materials used for user instruction or reference in use of the
licensed program.
1.4 "Use" means copying of any portion of the licensed program from
a storage unit or media into the designated equipment and execution of
the licensed program on the equipment.
2.0 LICENSE GRANT
2.1 Licensee is granted a nontransferrable, nonexclusive right to
use the number of copies of the licensed program indicated on Exhibit 1
for Licensee's internal use. Licenser (Michael K. Molloy) will deliver
one copy of the licensed program to Licensee. Licensee may make
additional copies of the licensed program, up to the number of copies
licensed herein, provided that each copy of the program contains Michael
K. Molloy's copyright notice and any other proprietary legends,
including legends under the Federal Acquisition Regulations (FAR), if
any, contained on the delivered copy.
2.2 Each copy of the licensed program provided under this license
may be used on only one computer at any one time. If used on a network
system, each terminal user is automatically considered to be using a
distinct copy of the licensed program whether or not he is actually
using it.
2.3 Licensee shall not use, copy, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer
the licensed program except as provided in this agreement. Any
such unauthorized use shall result in immediate and automatic
termination of this license.
3.0 TERMS
3.1 This license is effective until terminated. Licensee may
terminate it at any time by destroying the licensed program and all
copies of it and notifying Michael K. Molloy in writing. This license
will also terminate as otherwise provided in this agreement. On
termination, Licensee shall return all materials not destroyed to
Michael K. Molloy together with a written verification that the
remaining materials have been destroyed.
4.0 PAYMENT
4.1 The fee for this license is set forth in Exhibit 1,
payable as set forth.
5.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS
5.1 The licensed program is licensed, not sold. Nothing in this
agreement shall be construed as conveying title in the licensed program
to Licensee.
5.2 Licensee understands and agrees that the source code for the
licensed program and all documentation related thereto constitute the
valuable properties and trade secrets of Michael K. Molloy, owner of the
copyright to the licensed program, embodying substantial creative
efforts which are secret, confidential, and not generally known by the
public, and which secure to Michael K. Molloy a competitive advantage.
5.3 Licensee agrees during the term of this license, and
thereafter, to hold the licensed program, including any copies
thereof and any documentation related thereto, in strict
confidence and to not permit any person or entity to obtain access
to it except as required for Licensee's own internal use
hereunder.
5.4 Licensee shall inform Michael K. Molloy promptly and in
writing of any actual or suspected unauthorized use or disclosure
of the licensed programs or documentation related thereto.
5.5 The obligations under this paragraph shall survive the
termination or rescission of this agreement.
6.0 LIMITED WARRANTY
6.1 Michael K. Molloy warrants that for a period of ninety days
from the date of delivery of the licensed program, the program, if
unmodified by the Licensee, will perform in substantial conformity with
the user documentation. Michael K. Molloy does not warrant that the
licensed program is free from coding errors. Any program problems
reported to Michael K. Molloy during the warranty period and determined
by Michael K. Molloy to be actual coding errors will be corrected by
Michael K. Molloy within a reasonable time. Any modifications to the
licensed program shall thereafter be licensed AS IS.
6.2 The above warranty does not apply to the extent that any
failure of the licensed program to perform as warranted is caused by the
licensed program being (1) not used in accordance with the user
documentation, or (2) modified by any person other than authorized
Michael K. Molloy personnel.
6.3 LICENSER MAKES AND LICENSEE RECEIVES NO OTHER WARRANTY OF ANY
KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
7.0 LIMITATION OF LIABILITY
7.1 The total liability of Michael K. Molloy or its suppliers for
any claim or damage arising out of the use of the licensed program or
otherwise related to this license shall be limited to direct damages
which shall not exceed the license fee(s) which have been paid by
Licensee to Michael K. Molloy for the specific client project which is
the subject of such claim or damage.
7.2 IN NO EVENT SHALL LICENSER BE LIABLE TO LICENSEE FOR ADDITIONAL
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
LICENSED PROGRAM, EVEN IF LICENSER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8.0 TERMINATION. THIS LICENSE MAY BE TERMINATED BY Michael K. Molloy
IF:
8.1 Licensee fails to comply with any material term or condition of
this agreement and Licensee fails to cure such failure within fifteen
days after notices of such failure by Michael K. Molloy; and
8.2 Licensee's normal business operations are disrupted or
discontinued for more than thirty days by reason of insolvency,
bankruptcy, receivership, or business termination.
9.0 GENERAL TERMS
9.1 Neither this agreement nor any rights or obligations hereunder
shall be assigned or otherwise transferred by Licensee without prior
written consent of Michael K. Molloy, which consent will not be
unreasonably withheld. Michael K. Molloy may assign this agreement
entirely in its discretion upon the express written assumption of the
obligations hereunder by the assignee.
9.2 This agreement shall be interpreted and enforced in accordance
with and shall be governed by the laws of the State of Colorado
applicable to contracts between residents. No suit for enforcement of,
or for a declaration of rights between the parties to this agreement
shall be commenced in any court outside Arapahoe County, State of
Colorado.
9.3 Any controversy or claim arising out of or relating to this
agreement or the breach thereof shall be settled by arbitration in
accordance with the commercial rules of the American Arbitration
Association, using an arbitrator with knowledge of computers and
software, and judgment upon the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof. No arbitration or
other action arising out of any claimed breach of this agreement or
transactions under this agreement may be demanded by either party more
than one year after the cause of action accrued. The prevailing party
in any such action related to or arising under this agreement shall be
entitled to reasonable attorneys' fees. This provision shall not apply
to any action or proceeding for injunctive relief.
9.4 This agreement and its exhibits contain the entire agreement
between the parties hereto, superseding all previous agreements,
representations, understandings and negotiations. This agreement may
not be amended other than by writing signed by an authorized
representative of the parties.
9.5 If any terms or provisions of this agreement shall be found to
be illegal or unenforceable then, notwithstanding, this agreement shall
remain in full force and effect and such term or provision shall be
deemed stricken.
9.6 No amendment of this agreement shall be effective unless it is
in writing and signed by duly authorized representatives or both
parties. No term or provision hereof shall be deemed waived and no
breach excused unless such waiver or consent shall be in writing and
signed by the party claimed to have waived or consented. Any consent by
any party to or waiver of a breach by the other, whether express or
implied, shall not constitute a consent to, waiver of or excuse for any
other, different or subsequent breach.
9.7 This agreement shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors and assigns
of the parties hereto, but nothing in this paragraph shall be construed
as a consent to any assignment of this agreement by either party except
as provided hereinabove.
9.8 Timely payment is of the essence of this agreement.
9.9 This agreement may be signed in counterparts.
Effective this _________ day of ________________________, 19_____.
LICENSEE LICENSER
_______________________________ _______________________________
Authorized Representative Authorized Representative
Typed name_____________________ Typed name_____________________
Title__________________________ Title__________________________
Address________________________ Address________________________
_______________________________ Michael K. Molloy
Mountain Data Systems
_______________________________ 8531 E. Dry Creek Place
_______________________________ Englewood, Colorado 80112
EXHIBIT 1
Licensed Program
Find Area Code (FAC)
NUMBER OF USERS LICENSE FEE PER USER
5 - 25 $13.46
26 - 50 $10.77
51 - 100 $8.98
101+ Please contact Michael K. Molloy.
The above prices include one copy of the Retail Version of Find Area Code
(FAC). Licensee may make additional copies, up to the number
of copies licensed. Michael K. Molloy can supply multiple copies of
the distribution diskettes at an additional cost of $5.00 per copy
plus shipping and handling costs. Michael K. Molloy can supply
multiple copies of the printed User's Guide at an additional cost of
$12.00 per copy plus shipping and handling costs.